U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

Petition for Review BIA's Denial of Mexican Citizens' Application for Adjustment Status Denied

Ramirez v. Holder, No. 09-1629, concerned Mexican citizens' petition for review of a decision dismissing their appeal of an IJ's denial of the husband's application for adjustment of status, claiming that the husband was entitled to adjustment of status under section 1255(i) based on the approved labor certification and Form I-140 petition.

In denying the petition, the court held that under the Chevron analysis, the BIA's interpretation of sections 1182(a)(9)(C)(i)(I) and 1255(i), in holding that the husband is inadmissible under section 1182(a)(9)(C)(i)(I) because he entered the U.S. unlawfully after accruing more than a year of prior unlawful presence is foreclosed from adjusting his status under section 1255(i) on the basis of approved immigrant visa application, must be given deference. 

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